Court’s discretion: Redistribution of assets in marriages out of community of property without implementation of the accrual system
In October 2023, the Constitutional Court extended judicial discretion to order redistribution of assets at the dissolution of marriages out of community of property without accrual, entered into after 1 November 1984 and/or dissolved by death. This decision came from two interconnected cases, EB v ER and Others (CCT 364/21) and KG v Minister of […]
Possession is not 9/10s of the law
Written by: Miles Manning A fundamental cornerstone of the rule of law is that no person may take the law into their own hands. Following this doctrine, if anyone takes away another person’s possession (regardless of the underlying right to the property) without due legal process, that person acts unlawfully. To prevent people from reverting […]
CAN I STILL MAKE A CASE OF UNFAIR LABOUR PRACTICE IF I HAVE SETTLED?
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse […]